1. SCOPE

These Terms and Conditions apply to all purchases submitted or to be submitted by you (the “Client”) for any a Leapfrog device or other Leapfrog application (the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”), (ii) Leapfrog software, including content and content programs offered by Leapfrog and all Internet-based downloadable (“Software”) and (iii) services offered by Leapfrog from time to time (“Services”).

2. ORDERS

Any purchase order submitted is subject to acceptance by Leapfrog. Only upon acceptance by Leapfrog by way of an order confirmation is the agreement concluded. Leapfrog reserves the right to reject any orders in full or in part.

3. PRICE AND PAYMENT

Prices indicated on the website are exclusive of VAT, state and local sales and use taxes. The Client is responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with the order. Shipping and handling charges (if any) will apply in addition.

4. DELIVERY AND RISK OF LOSS

Leapfrog will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, Leapfrog reserves the right to deliver or activate each Product separately. Products will be delivered either to the Client’s delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to the Client at the moment the Products leave the Leapfrog warehouse. If Client refuses or neglects to take delivery of the Products, Leapfrog reserves the right to charge the Client up to the full order value. In case the wrong Product is delivered, it shall be returned to Leapfrog at Leapfrog expense.

5. RETURN POLICY

If Client chooses to return any Hardware, Client must contact Leapfrog during the ten (10) business days following receipt by email via [email protected] to obtain a Return Materials Authorization number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by Leapfrog. Leapfrog will not issue any refunds in response to requests made more than ten (10) business days following receipt of the item. Leapfrog will only accept returns on items purchased directly from the Leapfrog store and not on any products sold through a reseller. During receipt of the goods at the Leapfrog warehouse Leapfrog will perform inspection of the goods. If the goods are badly packed (i.e. the packaging looks like damage to the product could have occurred during shipment), goods are altered or wrong amounts are shipped, Leapfrog withholds the right to reject the shipment. All shipping costs related to the refund are borne by the Client.

If the item has not been opened, Leapfrog will refund the purchase price actually paid minus shipping and restocking fee maximum 60 days after receipt of the goods at Leapfrog’s warehouse. The restocking fee of up to 20% of the total invoice value and will be determined by the sole discretion of Leapfrog after receipt of the Goods. If the item has been opened and/or altered, Leapfrog will charge a fee up to the full order amount in addition to shipping and handling charges to retrieve the products to Leapfrog warehouse. Leapfrog will not issue refunds for products that have been altered, used, or damaged in any way.

All sales of products sold as Refurbished are final and cannot be returned, refunded or altered in any way.

6. LICENSE, COPYRIGHT & CONFIDENTIALITY

Subject to these Terms and Conditions, Client is granted a license to reproduce in order to install and execute the Software, Services and/or the data, information, functionality or other content (“Content”) provided to Client as part of the Hardware or via for personal and private use only on the terms set out in this article 6 (“License”). Client may install and use the Software, Services and Content on only one computer device at any time and in combination with only one Product. Client may not provide the Software, Services or Content to others, directly or indirectly for their or anyone else’s use. This License is non-exclusive and non-transferable which means that Leapfrog is free to license the Software, Services and Content to other customers and that Client’s right to use the Software, Services and Content cannot be transferred to someone else or to another piece of Hardware. This License does not include any right to obtain future upgrades, updates or supplements to the Software, Services or Content. If upgrades, updates or supplements to the Software, Services or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions.

Leapfrog reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to Client or made available to Client through the use of the Software, Services or Content, unless the provision of such updates, upgrades or supplements forms an integral part of the Product, as indicated by Leapfrog at the time of sale.

7. THIRD PARTY SOFTWARE MATERIALS

Leapfrog Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The copyright notices and specific license conditions of these Third Party Materials can be obtained from the relevant third party. Client agrees that the submission of any order implies that Client have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered.

8. WARRANTY

Leapfrog offers a limited carry in warranty (“Warranty”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”) unless an extended warranty has been purchased by the Client. With the exception of the duration of the Warranty, all terms and conditions of the Warranty apply to any extended warranty. All sales of products sold as Refurbished will have the same carry in warranty for a period of 90 days from the date the Hardware was purchased.

This Warranty does not cover damage caused by normal wear and tear and does not cover consumables such as nozzles. The warranty does not cover damage as a result of the Hardware being opened or repaired by someone not authorized by Leapfrog, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Warranty does not cover physical damage to the outer surface or the print bed of the Hardware.

During the Warranty Period, the Hardware will be repaired or replaced by without charge for either parts or labor. The customer has the option to either receive the spare parts without charge or to ship the printer to the Leapfrog office for a free repair. Shipping costs, duties, VAT and handling costs are expressly excluded from the Warranty.

The following is expressly excluded from the Warranty:

• Any unauthorized modification or repair, where tampering/disassembly is evident, or improper disassembly/re­assembly even if authorized;
• Damage caused by using 3rd party software, USB cables, or power supplies not certified or sold by Leapfrog;
• Failure of printer operation caused by inappropriate or poor­ quality filaments being installed, such as those not certified by Leapfrog without limiting use of filaments not sold by Leapfrog;
• Consumables such as nozzles (blocks), print bed stickers, and filaments;
• Costs of shipping and handling, including duties & VAT if applicable;
• Damage due to shipping;
• Incidental or consequential damages such as water, excess heat, electrical discharge, abuse, misuse, neglect, unusual operating conditions or improper storage;
• Normal wear & tear including scratches and nicks;
• Problems reasonably repairable by the customer;
• Stalling of the printer due to filament snagging;

In order to make a claim under the Limited Warranty of a Defect, Client must contact Leapfrog by email during the Warranty Period via to explain the Defect and to obtain a Return Materials Authorization number if necessary. This Warranty does not apply when the proof of purchase cannot be confirmed or is claimed by anyone other than the Client. The Hardware must be returned to Leapfrog as soon as possible following Client’s notification of the Defect, along with an explanation of the Defect, to the address provided by Leapfrog. Client must comply with any other return procedures stipulated by Leapfrog, if any. This Warranty is not transferable.

9. LIMITATION OF LIABILITY

Neither leapfrog nor its suppliers shall be liable to Client or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages (including in each case, but not limited to, damages for the inability to use or access the products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the products, even if leapfrog has been advised of the possibility of such damages.

10. EXPORT CONTROLS

Client shall comply with all applicable laws and regulations, including without limitation the Dutch Administration Act, regarding the export of technology with respect to the Products.

11. FORCE MAJEURE

Force majeure means circumstances that impede the fulfillment of Leapfrog’s obligations under these Terms and Conditions which are not within Leapfrog’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by Leapfrog caused by circumstances beyond Leapfrog’s reasonable control. In a force majeure situation all of Leapfrog’s obligations shall be suspended. Should the period in which Leapfrog cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

12. PRIVACY

Leapfrog will not disclose information regarding Client’s personal details, account or transactions to any third party other than required by Dutch law.

13. THIRD PARTY RIGHTS

Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

14. SURVIVAL

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.

15. SEVERABILITY

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Leapfrog the Client are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

16. GOVERNING LAW

These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of The Netherlands. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by courts venued in Amsterdam, which will have exclusive jurisdiction in respect of any such disputes